# Ex Parte McCord-Baugh

> Supreme Court of Alabama · April 2, 2004 · 894 So. 2d 679

URL: https://www.frixlaw.com/law-library/cases/9933143

## Case

- **Full name:** Ex Parte Cathy McCord-baugh. (In Re: Cathy McCord-baugh v. Birmingham City Board of Education).
- **Court:** Supreme Court of Alabama
- **Decided:** April 2, 2004
- **Citations:** 894 So. 2d 679; 2004 WL 692252
- **Precedential status:** Published
- **Opinion:** Dissent by Houston
- **Judges:** Harwood, Houston, Johnstone, Lyons, See
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933143

## Opinion text

I dissent.
I adopt the unanimous opinion of the Court of Civil Appeals as my dissent. See McCord-Baugh v. Birmingham Bd. of Educ. , 894 So.2d 672 (Ala.Civ.App. 2002). I share the concern of Justice Breyer in his opinion concurring in the result in Village of Willowbrook v. Olech , 528 U.S. 562 , 565 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000), that the Court not "transform many ordinary violations of city or state law into violations of the Constitution. It might be thought that a rule that looks only to an intentional difference in treatment and a lack of a rational basis for that different treatment would work such a transformation." In my opinion, Justice Breyer's concern has come to fruition in the majority opinion in this case.
I do not understand Williams v. Pryor , 240 F.3d 944 , 951 (11th Cir. 2001), the only Eleventh Circuit case cited in the majority opinion, as adopting a "class of one" analysis in equal-protection challenges other than in land-use cases. *Page 692

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933143. Public record. Not legal advice.